R v Instan

R v Instan

"R v. Instan" (1893) 1 QB 450 is an English criminal law case, relating to "actus reus", and the duty of care of relatives to their (supposedly) loved ones.

Facts

A sick woman died while living with her niece. The niece was an adult, and had been living with her aunt because she had no means of supporting herself. Her 72-year-old aunt suffered a debilitating disease and for ten days, the young woman did not supply her aunt food or medical attention, and did not inform anyone of her aunt's ailments. The aunt, who was physically incapable of leaving her bed, died from exhaustion brought on by the gangrene.

Judgment

The niece was found guilty of manslaughter, on the basis that there was a blood relation between the niece and aunt. This generated a duty of care of the niece for the aunt to help. The intentional neglect of the aunt was consequently a crime. Lord Coleridge CJ wrote, that it would be "a slur on justice" were the niece's behaviour to go unpunished

“It would not be correct to say that every moral obligation involves a legal duty; but every legal duty is founded on a moral obligation.”

ee also

*English law

Notes

External links

* [http://www.bailii.org/ Bailii.org] , a free online database for English and Irish legal materials.


Wikimedia Foundation. 2010.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • Interactive Networks Inc. — Infobox Company company name = Interactive Networks Inc. company company type = Small and Medium sized Enterprise company slogan = foundation = Montevideo, Uruguay (1999) location = Headquartered in Montevideo, Uruguay key people = N/A num… …   Wikipedia

  • Omissions in English criminal law — The omissions of individuals are generally not criminalised in English criminal law, subject to situations of special duty, contractual duty, and the creation of dangerous situations. Whilst other jurisdictions have adopted general statutory… …   Wikipedia

  • Comparison of instant messaging clients — The following tables compare general and technical information for a number of instant messaging clients. Please see the individual products articles for further information. This article is not all inclusive or necessarily up to date. External… …   Wikipedia

  • Omission (criminal) — In the criminal law, an omission, or failure to act, will constitute an actus reus (Latin for guilty act ) and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty.DiscussionIn the criminal… …   Wikipedia

  • Euskadi Ta Askatasuna — Saltar a navegación, búsqueda Euskadi Ta Askatasuna (ETA) Pintada con el anagrama de ETA Operacional 1959 presente Objetivos La creación de un estado independi …   Wikipedia Español

  • Omission (criminal law) — In the criminal law, an omission, or failure to act, will constitute an actus reus (Latin for guilty act ) and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. Contents 1 Discussion 1.1… …   Wikipedia

  • Sortu — Secretario/a general Maider Etxebarria Akaiturri Portavoz Iñaki Zabaleta Fundación 9 de febrero de 2011 Disolución 23 de ma …   Wikipedia Español

  • instar — (v) (Intermedio) apremiar, insistir u obligar a que algo se haga rápidamente Ejemplos: Los médicos instan a que la población de riesgo acuda a vacunarse. Los clientes instan a que la empresa les devuelva el dinero. Sinónimos: insistir …   Español Extremo Basic and Intermediate

  • Game show — A game show is a type of television program in which members of the public or celebrities, sometimes as part of a team, play a game which involves answering questions or solving problems for money and/or prizes. On some shows contestants compete… …   Wikipedia

  • Breakfast — For other uses, see Breakfast (disambiguation). Part of a series on Meals …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”